For EB-1C, the U.S. subsidiary wants to hire me as a consultant, without a formal employment contract. Is that valid?

Being hired as a consultant, without a formal employment relationship, can weaken an EB-1C case. This category is designed for executives and managers transferred within a multinational group, and the position in the United States must genuinely be executive or managerial in nature.

The sensitive point is that the EB-1C expects a leadership role integrated into the company’s structure, with responsibility over operations, teams, or strategic decisions. A consulting arrangement, depending on how it is structured, can give the impression of an external and temporary relationship rather than a permanent command role within the organization.

If that is the arrangement, it is worth paying attention to a few points:

• Whether the described duties are truly executive or managerial.
• Whether there is a reporting line and a clear place in the company’s hierarchy.
• Whether the documentation reflects a stable function, not merely a one-off service.

Since every structure has its own nuances, it is worth reviewing the employment arrangement with a specialist before filing, to ensure the position demonstrates the leadership the EB-1C requires.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.